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63 Amendments of Atanas PAPARIZOV

Amendment 1 #

2009/0010(COD)

Atanas PAPARIZOV, Marusya LYUBCHEVA
Proposal for a regulation
Recital 1 a (new)
(1a) The lack of security in the energy sector, especially in terms of gas supply, is having an increasingly negative impact on the financial and economic development of Member States.
2009/03/16
Committee: ITRE
Amendment 2 #

2009/0010(COD)

Atanas PAPARIZOV, Marusya LYUBCHEVA
Proposal for a regulation
Recital 1 b (new)
(1b) The current state of development of the intra-Community gas pipeline network does not allow proper and adequate supply to all Member States.
2009/03/16
Committee: ITRE
Amendment 10 #

2009/0010(COD)

Atanas PAPARIZOV, Marusya LYUBCHEVA
Proposal for a regulation
Recital 5
(5) It is especially important to finance measures that rapidly address both the economic crisis and the Community's urgent energy needs, adopting a balanced approach so as to ensure regional parity.
2009/03/16
Committee: ITRE
Amendment 21 #

2009/0010(COD)

Atanas PAPARIZOV, Marusya LYUBCHEVA
Proposal for a regulation
Recital 8 a
(8a) Among the energy infrastructure projects, it is necessary to select projects that are important to the operation of the internal energy market, to the security of energy supply and which also contribute to the recovery of the economy. In this regard, special attention should be paid to the implementation of projects providing alternative gas supplies to the Member States dependent on a single supplier and which are most vulnerable to interruption of gas supplies.
2009/03/16
Committee: ITRE
Amendment 33 #

2009/0010(COD)

Atanas PAPARIZOV, Marusya LYUBCHEVA
Proposal for a regulation
Recital 11 a (new)
(11a) In this regard, the current list of projects proposed by the Commission for community financing through the EEPR continues to lack coherence and does not provide adequate anti-crisis response to the Member States most affected by the gas crisis.
2009/03/16
Committee: ITRE
Amendment 71 #

2009/0010(COD)

Atanas PAPARIZOV, Marusya LYUBCHEVA
Proposal for a regulation
Article 4 – point c
(c) development of the energy network to strengthen economic and social cohesion byand to reducinge the isolation of the less- favoured and island regions of the Community;
2009/03/16
Committee: ITRE
Amendment 73 #

2009/0010(COD)

Atanas PAPARIZOV, Marusya LYUBCHEVA
Proposal for a regulation
Article 4 – point e a (new)
(ea) providing an adequate response to the recent gas crises.
2009/03/16
Committee: ITRE
Amendment 74 #

2009/0010(COD)

Atanas PAPARIZOV, Marusya LYUBCHEVA
Proposal for a regulation
Article 5
The EEPR shall serve to urgently adapt and develop energy networks of particular importance to the Community in support of the operation of the internal energy market and, in particular, to solve the problems of bottlenecks, security and diversification of supply and to overcome environmental, technical and financial obstacles. Special Community support is necessary to develop energy networks more intensively and to accelerate their construction, in particular in the Member States which were affected by the gas crisis in January 2009 and which are most vulnerable to interruptions of gas supplies.
2009/03/16
Committee: ITRE
Amendment 142 #

2009/0010(COD)

Atanas PAPARIZOV, Marusya LYUBCHEVA
Proposal for a regulation
Article 29 – paragraph - 1 a (new)
-1. The Commission shall prepare a financial evaluation of the impact of the recent gas crises upon the Member States and take the results into account in its future work in the field of Community energy policy;
2009/03/16
Committee: ITRE
Amendment 1 #

2008/2334(INI)

Marusya LYUBCHEVA, Atanas PAPARIZOV
Draft opinion
Citation - 1 (new)
- having regard to the increasingly negative impact of the gas crisis on the development of the financial and economic processes in the Member States,
2009/01/27
Committee: BUDG
Amendment 11 #

2008/2334(INI)

Marusya LYUBCHEVA, Atanas PAPARIZOV
Draft opinion
Paragraph 3
3. Acknowledges the predominant role of the European Investment Bank in contributing to financing investments and the European Bank for Reconstruction and Development (EBRD); , especially in the countries with a low level of EIB involvement, and the European Bank for Reconstruction and Development; calls for the allocation of investment capital resources towards SMEs most affected by the financial crisis;
2009/01/27
Committee: BUDG
Amendment 21 #

2008/2334(INI)

Marusya LYUBCHEVA, Atanas PAPARIZOV
Draft opinion
Paragraph 4 a (new)
4a. Calls for the consideration of the possibilities for a targeted financing and the accelerated development of an internal gas transmission network of the European Union that would ensure security of supply;
2009/01/27
Committee: BUDG
Amendment 22 #

2008/2334(INI)

Marusya LYUBCHEVA, Atanas PAPARIZOV
Draft opinion
Paragraph 4 b (new)
4b. Calls on the Commission to provide an evaluative analysis of the impact of the gas crisis on the Member States and to propose concrete measures and projects for the financial support of the most affected Member States and appropriate projects to be submitted for implementation, including also proposals for the provision of alternative possibilities for gas supply, coordinated with the Bulgarian Government;
2009/01/27
Committee: BUDG
Amendment 92 #

2008/2334(INI)

Marusya LYUBCHEVA, Atanas PAPARIZOV
Motion for a resolution
Paragraph 8 a (new)
8a. notes the lack of security in the energy sector, especially in terms of gas, and its increasing negative impact on the development of the financial and economic situation in Member States;
2009/01/29
Committee: ECON
Amendment 155 #

2008/2334(INI)

Marusya LYUBCHEVA, Atanas PAPARIZOV
Motion for a resolution
Paragraph 22
22. calls on the Commission urgently to assess the recession risks and real financial losses affecting industrial sectors across Europe in order pro-actively to intervene at European Union level, if needed;
2009/01/29
Committee: ECON
Amendment 176 #

2008/2334(INI)

Marusya LYUBCHEVA, Atanas PAPARIZOV
Motion for a resolution
Paragraph 28 a (new)
28a. calls on the Commission to consider possible measures for the improvement of the energy security through the accelerated development of an internal gas transmission network of the European Union that would ensure the security of supply;
2009/01/29
Committee: ECON
Amendment 177 #

2008/2334(INI)

Marusya LYUBCHEVA, Atanas PAPARIZOV
Motion for a resolution
Paragraph 28 b (new)
28b. with the aims of overcoming the negative impacts of the energy crisis and ensuring security of supply, calls for the implementation of projects, including those proposed by the Bulgarian government, providing alternative possibilities for gas supplies;
2009/01/29
Committee: ECON
Amendment 178 #

2008/2334(INI)

Marusya LYUBCHEVA, Atanas PAPARIZOV
Motion for a resolution
Paragraph 28 c (new)
28c. calls for the timely adoption of the third legislative energy package on gas and electricity, paying particular attention to the gas sector in order to overcome shortages and to prevent a disruption of supplies due to instabilities in supply and transmission prices;
2009/01/29
Committee: ECON
Amendment 197 #

2008/2334(INI)

Marusya LYUBCHEVA, Atanas PAPARIZOV
Motion for a resolution
Paragraph 34 a (new)
34a. calls for the adoption of an effective European Energy Security Policy, that would take into account, inter alia, the outcome of the forthcoming High Level International Energy forum "Gas for Europe - security and partnership" on 24 and 25 April 2009 in Sofia;
2009/01/29
Committee: ECON
Amendment 200 #

2008/2334(INI)

Marusya LYUBCHEVA, Atanas PAPARIZOV
Motion for a resolution
Paragraph 35
35. considers that involvement of the European Investment Bank (EIB) is crucial and that a large share of lending referred to in the Recovery Plan is within its competence; welcomes the Member States' agreement on a capital increase for the EIB; recalls that some of the EIB interventions also require support from the EU budget, but that this is not currently provided for in the Recovery Plan; calls for the allocation of more financial resources from the credit and project lines in favour of the private sector and, more specifically, in favour of the SMEs;
2009/01/29
Committee: ECON
Amendment 87 #

2008/2239(INI)

Atanas PAPARIZOV
Motion for a resolution
Paragraph 8
8. Supports the development of gas and electricity interconnections throughwithin Central and South-eastern Europe and along a north-south axis, recalling that the networks in Northern Europe are inadequate and that these regions are isolated; calls therefore, by way of example, for gas to be supplied tounderlines the need of a special attention for the development of a Baltic Interconnection Poland from Eastern Germany covering gas, electricity and storage in 2009;
2008/12/18
Committee: ITRE
Amendment 99 #

2008/2239(INI)

Atanas PAPARIZOV
Motion for a resolution
Paragraph 9
9. Expresses its support for the Nabuccodevelopment of a southern gas corridor including the Nabucco and South Stream projects to diversify sources of supply; is concerned, however, about the progress of the project and the risks tostresses the need to work with the countries concerned, notably Russia, Turkey, Azerbaijan and Turkmenistan; considers of a great importance that in the longer term, when political conditions permit, supplies from other countries in the region, such as Uzbekistan and Iran, shources ofld represent a further significant supply source for the gas pipelineEU;
2008/12/18
Committee: ITRE
Amendment 111 #

2008/2239(INI)

Atanas PAPARIZOV
Motion for a resolution
Paragraph 9 a (new)
9a. Supports the building by the Energy Community in Southeast Europe of an integrated market anchored to the EU; considers that the accession of Ukraine, the Republic of Moldova and Turkey to the Energy Community would catalyse their energy sector reforms and result in a mutually beneficial enlarged market based on common rules;
2008/12/18
Committee: ITRE
Amendment 114 #

2008/2239(INI)

Atanas PAPARIZOV
Motion for a resolution
Paragraph 10
10. Calls for optimisation of LNG facilities, particularly for regions of the EU which are isolated in energy terms; considers that new LNG terminals in countries which are major consumers and which are dependent exclusively on gas pipelines, such as Germany and the Baltic States,onsiders that sufficient LNG capacity consisting of liquefaction facilities in the producing countries and LNG terminals and ship-based regasification in the EU should be available to all Member States, either directly or through other Member States on the basis of a solidarity mechanism; new LNG terminals should be regarded as projects of European interest;
2008/12/18
Committee: ITRE
Amendment 184 #

2008/2239(INI)

Atanas PAPARIZOV
Motion for a resolution
Paragraph 16
16. Advocates an approach geared to conciliation Supports the intention to negotiate a wide-ranging New Agreement replacing the dialogue1997 Partnership and Cooperation Agreement with Russia, which supplies 42% of the EU's gas, as well as 100% of the gas imported by Poland, Finland and the Baltic States; notes that relations between the EU and Russia are based on interdependence and that, in the continuation of the negotiations, the EU should refrain from demanding ratification of the Energy Charter, while reminding the Russian authorities of their endorsement of the principles of the Charter; hopes, by way of example, that the Nabucco gas pipeline project will be carried out in cooperation with Russia in order to avoid competition between two gas pipelines and to be able ultimately to transmit gas from Russia, Iran or the Caspian Sea;
2008/12/18
Committee: ITRE
Amendment 267 #

2008/2239(INI)

Atanas PAPARIZOV
Motion for a resolution
Paragraph 31
31. Recalls that coal remains an element in the EU's supplies and an alternative to oil and gas; stresses, however, that the major disadvantage of coal lies in its very high rate of carbon dioxide emissions; underlines that the use of coal in the longer run may be compatible with the climate challenge if highly efficient plants predominate and carbon capture and storage (CCS) is widely available; in this respect calls on the Commission to consider all possibilities for financing of the construction of up to 12 demonstration plants with carbon capture and storage by 2015 and present its proposals timely;
2008/12/18
Committee: ITRE
Amendment 5 #

2008/2183(INI)

Atanas PAPARIZOV
Draft opinion
Paragraph 3 a (new)
3a. Calls on the Commission to raise from 3% to a minimum of 5% the proportion of structural and cohesion funding which should be spent on improving the energy efficiency of existing homes, and to require Member States to take full advantage of this opportunity;
2008/10/15
Committee: ITRE
Amendment 8 #

2008/2099(INI)

Atanas PAPARIZOV
Motion for a resolution
Recital A a (new)
Aa. whereas the benefits of the use of the radio spectrum will be maximised through coordinated action at EU level in order to ensure optimal use from a combined social and economic perspective,
2008/06/06
Committee: ITRE
Amendment 49 #

2008/2099(INI)

Atanas PAPARIZOV
Motion for a resolution
Paragraph 5 a (new)
5a. Confirms the societal value of public safety services and the need to include support for their operational requirements into the spectrum arrangements arising from the reorganisation of the UHF band resulting from the switch-off of analogue services;
2008/06/06
Committee: ITRE
Amendment 73 #

2008/0231(CNS)

Atanas PAPARIZOV
Proposal for a directive
Article 1 – paragraph 1
1. This Directive aims at achieving, maintainingestablishing a nuclear safety regulatory framework in the European Union. It establishes principles on which the legislative and regulatory frameworks of the Member States in the field of nuclear safety shall be based in order to achieve, maintain and continuously improvinge nuclear safety in the Community and to enhance the role of the national regulatory bodies.
2009/02/26
Committee: ITRE
Amendment 80 #

2008/0231(CNS)

Atanas PAPARIZOV
Proposal for a directive
Article 1 – paragraph 2
2. It shall apply to the design, siting, construction, maintenance, commissioning, operation and decommissioning of nuclear installations, for which consideration of safety is required under the legislative and regulatory framework of the Member State concerned.
2009/02/26
Committee: ITRE
Amendment 93 #

2008/0231(CNS)

Atanas PAPARIZOV
Proposal for a directive
Article 2 – point 8
(8) ”regulatory body" means any body or bodies authorised by the Member State to grant in that Member State licences and to supervise thehaving in a Member State the legal capacity to regulate safety through a licensing process covering siting, design, construction, commissioning, operation or decommissioning of nuclear installations, including carrying out inspections and exercising enforcement powers;
2009/02/26
Committee: ITRE
Amendment 99 #

2008/0231(CNS)

Atanas PAPARIZOV
Proposal for a directive
Article 2 – point 10
(10) “new power reactors” mean nuclear power reactors licensed to operatefor construction after the entry into force of this Directive.
2009/02/26
Committee: ITRE
Amendment 101 #

2008/0231(CNS)

Atanas PAPARIZOV
Proposal for a directive
Article 3 – paragraph 1
1. The prime responsibility for the safety of nuclear installations shall rest with the holder of the licence under the control of the regulatory body. The safety measures and controls to be implemented in a nuclear installation shall be decided only by the regulatory body and applied by the licencMember States shall ensure that the use of nuclear energy complies with internationally accepted safety principles, including that the prime responsibility for the safety of nuclear installations rests with the holder. T of the licence holder shall have the primeand this responsibility for safetyremains throughout the lifetime of the nuclear installations until its release from regulatory control. This responsibility of the licencse holder cannot be delegated.
2009/02/26
Committee: ITRE
Amendment 105 #

2008/0231(CNS)

Atanas PAPARIZOV
Proposal for a directive
Article 3 – paragraph 2
2. Member States shall establish and maintain a legislative and regulatory framework to govern the safety of nuclear installations. This shall include national safety requirements, a system of licensing and control of nuclear installations and the prohibition of their operation without a licence and a system of regulatory supervisinspection including the necessary enforcement.
2009/02/26
Committee: ITRE
Amendment 129 #

2008/0231(CNS)

Atanas PAPARIZOV
Proposal for a directive
Article 4 – paragraph 5 a (new)
5a. Regulatory bodies of the Member States shall exchange best regulatory practices and develop a common understanding of internationally accepted nuclear safety requirements.
2009/02/26
Committee: ITRE
Amendment 136 #

2008/0231(CNS)

Atanas PAPARIZOV
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
1. For the siting, design, construction, commissioning, operation and decommissioning of nuclear facilities, Member States shall respectapply the IAEA safety fundamentals (IAEA Safety Fundamentals: Fundamental safety principles, IAEA Safety Standard Series No. SF-1 (2006)), as specified in the Annex. They shall observeapply the obligations and requirements incorporated in the Convention on Nuclear sSafety (IAEA INFCIRC 449 of 5 July 1994)1. ________________________________________________________________ 1 OJ L 318, 11.12.1999, p. 20 and OJ L 172, 6.5.2004, p. 7.
2009/02/26
Committee: ITRE
Amendment 151 #

2008/0231(CNS)

Atanas PAPARIZOV
Proposal for a directive
Article 7
1. Licence holders shall design, construct, operate and decommissionArticle 7 Article 4a Member States shall ensure that: 1. Licence holders are responsible for the safety of their nuclear installations in accordance with the provisions set out in Article 6(1) and (2). 2. Licence holders shall establish and implement nuclear safety management systems which shall be regularly verified by the regulatory body in accordance to Article 4. 3. Licence holders shall allocate adequate financial and human resources to fulfil their obligations. 4a. Licence holders shall comply with other obligations laid down in national legislation. Or. en (To be placed after Article 4, as Article 4a)
2009/02/26
Committee: ITRE
Amendment 80 #

2007/0199(COD)

Atanas PAPARIZOV, Renato BRUNETTA, Alejo VIDAL-QUADRAS, Eugenijus MALDEIKIS, Anne LAPERROUZE, Jerzy BUZEK
Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 1 - point (a)
(a) technical and market codeopinions and recommendations ion the areas mentioned in paragraph 3draft guidelines and draft codes referred to in Article 2e;
2008/04/14
Committee: ITRE
Amendment 91 #

2007/0199(COD)

Atanas PAPARIZOV, Renato BRUNETTA, Alejo VIDAL-QUADRAS, Eugenijus MALDEIKIS, Anne LAPERROUZE, Jerzy BUZEK
Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 2
2. The annual work programme referred to in paragraph 1(d) shall contain a list and description of the technical and market codescodes developed in accordance with Article 2eb, a plan on coordination ofmmon operation of the network and research and development activities, to be drawn up in that year and an indicative calendar.
2008/04/14
Committee: ITRE
Amendment 99 #

2007/0199(COD)

Atanas PAPARIZOV, Renato BRUNETTA, Alejo VIDAL-QUADRAS, Eugenijus MALDEIKIS, Anne LAPERROUZE, Jerzy BUZEK
Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 3
3. The detailed technical and market codes shall cover the following areas, according to the priorities defined in the annual work programme: (a) security and reliability rules; (b) grid connection and access rules; (c) data exchange and settlement rules; (d) interoperability rules; (e) operational procedures in an emergency; (f) capacity allocation and congestion management rules; (g) rules for trading; (h) transparency rules; (i) balancing rules including rules on nominations procedures, rules for imbalance charges and rules for operational balancing between transmission system operators systems; (j) rules regarding harmonised transportation tariff structures; (k) energy efficiency regarding gas networks.deleted
2008/04/14
Committee: ITRE
Amendment 109 #

2007/0199(COD)

Atanas PAPARIZOV, Alejo VIDAL-QUADRAS, Renato BRUNETTA, Eugenijus MALDEIKIS, Anne LAPERROUZE, Jerzy BUZEK
Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 4
4. The European Network of Transmission System Operators for Gas shall monitor the implementation of the technical and market codes and include the results of its monitoring activities in the annual report referred to in paragraph 1(e)Agency shall monitor the implementation of the codes by the European Network of Transmission System Operators for Gas.
2008/04/14
Committee: ITRE
Amendment 124 #

2007/0199(COD)

Atanas PAPARIZOV, Renato BRUNETTA, Alejo VIDAL-QUADRAS, Eugenijus MALDEIKIS, Anne LAPERROUZE, Jerzy BUZEK
Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 6
6. Upon request of the Commission, the European Network of Transmission System Operators for Gas shall advise the Commission on the adoption of Guidelines as laid down in Article 9.deleted
2008/04/14
Committee: ITRE
Amendment 134 #

2007/0199(COD)

Atanas PAPARIZOV, Renato BRUNETTA, Alejo VIDAL-QUADRAS, Eugenijus MALDEIKIS, Anne LAPERROUZE, Jerzy BUZEK
Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 d – paragraph 2 – subparagraph 1
2. The European Network of Transmission System Operators for Electricity shall submit the draft technical and market codes,its opinions and recommendations on the guidelines and the draft codes, as well as the draft 10-year investment plan and the draft annual work programme, including the information regarding the related consultation processes, to the Agency.
2008/04/14
Committee: ITRE
Amendment 143 #

2007/0199(COD)

Atanas PAPARIZOV, Renato BRUNETTA, Alejo VIDAL-QUADRAS, Eugenijus MALDEIKIS, Anne LAPERROUZE, Jerzy BUZEK
Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e
Establishment and evaluation of technical and market codes 1. After consulting the Agency, the Commission may invite the European Network of Transmission System Operators for Gas, within a reasonable period of time, to prepare codes in the areas listed in Article 2c(3) where it considers that such codes are necessary for the efficient functioning of the market. 2. The Agency shall provide a duly justified opinion to the Commission where it consiGuidelines and codes 1. The Commission shall mandate the Agency to develop guidelines and adopt codes to harmonise technical and market rules with the view to facilitating market integration. 2. The guidelines and coders that: (a) a technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3) does not ensure non-discrimination, effective competition and the efficient functioning of the marketmay in particular cover the following areas: (a) security and reliability rules; (b) grid connection and access rules; (bc) the European Network of Transmission System Operators for Gas fails to agree within a reasonable period of time on a technical or market code in the areas listed in Article 2c(3)data exchange and settlement rules; (d) interoperability rules; (ce) the transmission system operators fail to implement a technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3). 3. The Commission may adopt, on its own initiative or upon recommendation of the Agency, guidelines on the areas listed in Article 2c(3) when it considers that: (a) a technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3) does not ensure non-discrimination, effective competition and the efficient functioning of the market; (b) the European Network of Transmission System Operators for Gas fails to agree within a reasonable period of time on a technical or market code in the areas listed in Article 2c(3); (c) the transmission system operators fail to implement a technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3). Those measures designed to amend non- essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2). 4. Paragraph 3 shall be without prejudice to the Commission's right to adopt and amend guidelines as laid down in Article 9operational procedures in an emergency; (f) capacity allocation and congestion management rules; (g) rules for cross-border intra-day markets with harmonised gate closures; (h) rules for trading, ensuring in particular the development of secondary markets for cross-border transmission rights and the security of transmission rights; (i) transparency rules; (j) balancing rules including storage rules; (k) rules regarding harmonised transportation tariff structures including locational signals and inter-TSO compensation rules; (l) energy efficiency regarding gas networks.
2008/04/14
Committee: ITRE
Amendment 162 #

2007/0199(COD)

Alejo VIDAL-QUADRAS, Atanas PAPARIZOV, Renato BRUNETTA, Eugenijus MALDEIKIS, Anne LAPERROUZE, Jerzy BUZEK
Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e a (new)
Article 2ea Development of guidelines 1. The Commission shall, after consultation with the Agency, establish an annual priority list identifying issues of prime importance for the development of the internal market in gas. 2. Having regard to the priority list, the Commission shall mandate the Agency to develop within no more than six months draft guidelines setting basic, clear and objective principles for the harmonisation of rules, set out in Article 2c. 3. In the drafting of these guidelines, the Agency shall consult extensively, in an open and transparent manner and shall keep ENTSOG and other stakeholders informed. 4. The Agency shall finalize the draft guidelines on the basis of the consultation results. It shall make public all observations received, unless confidential, and explain how they have been taken into consideration in the final draft of the guidelines or justify their rejection. 5. The Commission shall submit the draft guidelines to the Committee referred to in Article 13(1) for their final adoption in accordance with the procedure referred to in Article 13(2). 6. The Commission, at its own initiative or upon request of the Agency, may initiate the same procedure for the up-dating of guidelines.
2008/04/14
Committee: ITRE
Amendment 163 #

2007/0199(COD)

Alejo VIDAL-QUADRAS, Atanas PAPARIZOV, Renato BRUNETTA, Eugenijus MALDEIKIS, Anne LAPERROUZE, Jerzy BUZEK
Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e b (new)
Article 2eb Development of codes 1. On adoption of the guidelines in accordance with Article 2ea, the Commission shall mandate ENTSOG to develop within six months draft codes, fully complying with the principles established in the guidelines. 2. In the drafting of these codes ENTSOG shall take into consideration technical expertise from market participants and shall keep them informed. 3 ENTSOG shall submit the draft codes to the Agency. 4. The Agency shall consult on the draft codes extensively in an open and transparent manner. 5. On the basis of the consultation, the Agency shall finalize and adopt the draft. It shall make public all observations received, unless confidential, and explain how they have been taken into consideration in the final draft codes or justify their rejection. 6. On the initiative of the Agency or at the request of the ENTSOG, the existing codes may be revised following the same procedure
2008/04/14
Committee: ITRE
Amendment 167 #

2007/0199(COD)

Atanas PAPARIZOV, Renato BRUNETTA, Alejo VIDAL-QUADRAS, Eugenijus MALDEIKIS, Anne LAPERROUZE, Jerzy BUZEK
Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 f – paragraph 1
1. In carrying out its tasks, the European Network of Transmission System Operators for GasAgency shall consult extensively, at an early stage and in an open and transparent manner, in particular while preparing the technical and market codes and its annual work programme referred to in Article 2c(1) and (3), with all appropriate market participants; the consultation shall include supply undertakings, customers, system users, distribution system operators, LNG system operators and storage system operators, including relevant (industry) associations, technical bodies and stakeholder platforms.
2008/04/14
Committee: ITRE
Amendment 172 #

2007/0199(COD)

Atanas PAPARIZOV, Renato BRUNETTA, Alejo VIDAL-QUADRAS, Eugenijus MALDEIKIS, Anne LAPERROUZE, Jerzy BUZEK
Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 f – paragraph 3
3. Before adopting the annual work programme and the technical and market codes referred to in Article 2c(1) and (3), the European Network of Transmission System Operators for Gasguidelines and codes, the Agency shall indicate the observations received in the consultation and how these observations are taken into consideration. It shall give a reasoned opinion where observations have not been taken into account.
2008/04/14
Committee: ITRE
Amendment 256 #

2007/0199(COD)

Atanas PAPARIZOV, Renato BRUNETTA, Alejo VIDAL-QUADRAS, Eugenijus MALDEIKIS, Anne LAPERROUZE, Jerzy BUZEK
Proposal for a regulation – amending act
Article 1 – point 13 a (new)
Regulation (EC) No 1775/2005
Article 9 – title
(13a) The title of Article 9 is replaced by the following: "Guidelines relating to the inter- transmission system operator compensation mechanism"
2008/04/14
Committee: ITRE
Amendment 262 #

2007/0199(COD)

Atanas PAPARIZOV, Renato BRUNETTA, Alejo VIDAL-QUADRAS, Norbert GLANTE, Edit HERCZOG, Eugenijus MALDEIKIS, Anne LAPERROUZE, Jerzy BUZEK
Proposal for a regulation – amending act
Article 1 – point 14
Regulation (EC) No 1775/2005
Article 9 – paragraph 1 – point h
(h) details on the topics listed in Article 2c(3)deleted
2008/04/14
Committee: ITRE
Amendment 65 #

2007/0196(COD)

Bernhard RAPKAY, Hannes SWOBODA, Norbert GLANTE, Robert GOEBBELS, Atanas PAPARIZOV, Anni PODIMATA, Catherine TRAUTMANN
Proposal for a directive – amending act
Recital 10 a (new)
(10a) In complying with the regulations on effective and efficient legal unbundling, and provided that the network undertaking performs all the functions of the network operator and detailed regulation and extensive regulatory control mechanisms are put in place, vertically integrated undertakings may maintain their ownership of network assets whilst at the same time ensuring an effective separation of interests.
2008/04/07
Committee: ITRE
Amendment 71 #

2007/0196(COD)

Bernhard RAPKAY, Hannes SWOBODA, Norbert GLANTE, Robert GOEBBELS, Atanas PAPARIZOV, Anni PODIMATA, Catherine TRAUTMANN
Proposal for a directive – amending act
Recital 11
(11) Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should therefore be given a choice between ownership unbundling and, as a derogation, setting up system operators which are independent from supply and generation interests, and effective and efficient legal unbundling of transmission system operators. The full effectiveness of the independent system operator solution needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated companies, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and generation business, provided that the requirements resulting from ownership unbundling are complied with.
2008/04/07
Committee: ITRE
Amendment 200 #

2007/0196(COD)

Bernhard RAPKAY, Hannes SWOBODA, Norbert GLANTE, Robert GOEBBELS, Atanas PAPARIZOV, Anni PODIMATA, Catherine TRAUTMANN
Proposal for a directive – amending act
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph –1 (new)
"–1. In order to ensure the independence of transmission system operators, Member States shall ensure that, as from [date of transposition plus one year], vertically integrated undertakings must comply with the provisions of Article 7(1)(a) to (d) and Article 9 or with the provisions of Article 9b."
2008/04/10
Committee: ITRE
Amendment 273 #

2007/0196(COD)

Bernhard RAPKAY, Hannes SWOBODA, Norbert GLANTE, Robert GOEBBELS, Atanas PAPARIZOV, Anni PODIMATA, Catherine TRAUTMANN
Proposal for a directive – amending act
Article 1 – point 8 a (new)
Directive 2003/55/EC
Article 9 b (new)
(8a) The following Article shall be inserted: "Article 9b Effective and efficient legal unbundling of transmission systems I. Assets, equipment, staff and identity 1. Transmission system operators shall be equipped with all human, physical and financial resources of the vertically integrated undertaking necessary for the regular business of gas transmission, in particular: (i) transmission system operators shall own assets that are necessary for the regular business of gas transmission ; (ii) transmission system operators shall employ the staff necessary for the regular business of gas transmission ; (iii) appropriate financial resources for future investment projects shall be made available in the annual finance plan. The activities deemed necessary for the regular business of gas transmission mentioned in this paragraph shall include at least: – representation of the transmission system operator and contacts with third parties and the national regulatory authorities, – granting and managing third party access to the network, especially the access for new market operators and producers of biogas, – collection of the access charges, congestion rents and payments under the inter transmission system operator compensation mechanism in compliance with Article 7 of Regulation (EC) No 1775/2005, – operation, maintenance and development of the transmission system, – investment planning ensuring the long- term ability of the system to meet reasonable demand and guaranteeing security of supply, – legal services, – accountancy and IT services. 2. The sharing of the staff and rendering of services, from and to any branch of the vertically integrated undertaking performing functions of generation or supply, shall be prohibited. 3. The transmission system operator shall not engage in any business or activity outside transmission which could be in conflict with its tasks, including the holding of shares or interests in any undertaking or part of the vertically integrated company or in any other electricity and gas company. Exceptions require the prior consent of the national regulatory authority and shall be restricted to shares and interests in other network businesses. 4. The transmission system operator shall have its own legal identity, significantly different from the vertically integrated undertaking with separate branding, communication and premises. 5. The transmission system operator shall not share any commercially advantageous and sensitive information with any undertaking of the vertically integrated undertaking unless it does so with all market participants in a non- discriminatory way. The transmission system operator shall, in cooperation with the national regulatory authority, define this information. 6. Transmission system operator's accounts shall be audited by another auditor than the one auditing the vertically integrated undertaking and all its affiliated companies. II. Independence of the transmission system operator's management, chief executive officer / executive board 7. Decisions on the appointment and on any early termination of the employment of the chief executive officer /members of the executive board of the transmission system operator and on conclusion or early termination of respective employment agreements with these persons shall be notified to the national regulatory authority. These decisions and agreements may become binding only if, within a period of 3 weeks after the notification, the national regulatory authority has not used its right of veto. A veto may be used if an appointment and conclusion of the respective agreement poses serious doubts as to the professional independence of the nominated chief executive officer / member of the executive board; in the case of early terminations of employment and of respective agreements with these persons, the right of veto may be used if serious doubts exist regarding the basis and justification of such early termination. 8. Rights of appeal to the national regulatory authority or to a court shall be guaranteed to the members of the management of the transmission system operator regarding early terminations of their employment. 9. The national regulatory authority shall decide on such appeal within six months. This time period may be exceed only in exceptional and duly justified cases. 10. After the termination of employment in the transmission system operator, chief executive officers / members of the executive board shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply for a period of not less than 3 years. 11. The chief executive officer / members of the executive board shall not hold any interest in or receive any compensation from any undertaking of the vertically integrated company other than the transmission system operator. Remuneration of the chief executive officer / members of the executive board shall in no part depend on activities of the vertically integrated undertaking other than those of the transmission system operator. 12. The chief executive officer or the members of the executive board of the transmission system operator may not be responsible, directly or indirectly, for the day-to-day operation of any other branch of the vertically integrated undertaking. 13. Without prejudice to the provisions above, the transmission system operator shall have all effective decision-making rights, independent from the integrated gas undertaking, with respect to assets necessary to operate, maintain or develop the network. This should not prevent the existence of appropriate coordination mechanisms to ensure that the parent company is able to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of transmission lines, that do not exceed the terms of the approved financial plan, or any equivalent instrument. III. Supervisory board / Board of directors 14. The Chairman of the supervisory board/board of directors of the transmission system operator and all of its members shall not participate in any branch of the vertically integrated undertaking. They shall also not be members of the supervisory board/board of directors of any undertaking of the vertically integrated company. 15. The supervisory boards / boards of directors of transmission system operators shall also include independent members, appointed for at least 5 years. Appointment of the members of the supervisory board / board of directors shall be notified to the national regulatory authority and become binding under the conditions referred to in paragraph 7. 16. For the purpose of paragraph 15, a member of the supervisory board / board of directors of a transmission system operator shall be deemed independent if he/she does not participate in any business with, or has no other relationship with, the vertically integrated undertaking, its controlling shareholders or the management of either, which would create a conflict of interest, in particular: (a) has not been an employee of any branch of the vertically integrated undertaking performing functions of generation and supply in five years prior to the appointment as a member of the supervisory board / board of directors; (b) does not hold any interest in, and does not receive any compensation from, the vertically integrated undertaking or any of its affiliates except the transmission system operator; (c) does not have any relevant business relationship with any branch of the vertically integrated company performing functions of energy supply during his/her appointment as a member of the supervisory board / board of directors; (d) is not a member of the executive board of a company in which the vertically integrated undertaking appoints members of the supervisory board /board of directors. IV. Compliance officer 17. Member States shall ensure that transmission system operators establish and implement a compliance programme which sets out measures to be taken to ensure that discriminatory conduct is excluded. This programme shall set out the specific obligations of employees of the transmission system operator to meet this objective. The programme shall be subject to approval of the regulatory authority. Compliance of the program by the transmission system operators shall be independently monitored by the compliance officer. The national regulatory authority shall have the power to impose sanctions in case of inappropriate implementation of the compliance program by the transmission system operator. 18. The chief executive officer/ executive board of the transmission system operator shall appoint a person or a body in a function of a compliance officer who shall be responsible for: (i) monitoring the implementation of the compliance programme; (ii) elaborating a detailed annual report, setting out the measures to be taken in order to implement the compliance programme and submitting it to the national regulatory authority; definition of measures for the implementation of the compliance program and presentation of the report to the national regulatory authority; (iii) issuing recommendations regarding the compliance programme and its implementation. 19. The independence of the compliance officer shall be guaranteed in particular by terms of the employment contract. 20. The compliance officer shall have the opportunity to regularly address the supervisory board/board of directors of the transmission system operator and of the vertically integrated undertaking and the regulatory authorities. 21. The compliance officer shall attend all meetings of the supervisory board / board of directors of the transmission system operator that address the following areas: (i) conditions for access and connection to the system, including the collection of access charges, congestion rents, and payments under the inter transmission system operator compensation mechanism in compliance with Article 7 of Regulation (EC) No 1775/2005; (ii) projects undertaken in order to operate, maintain and develop the transmission grid system, including interconnection and connection investments; (iii) balancing rules, including reserve power rules; (iv) energy purchases in order to cover energy losses. 22. During these meetings, the compliance officer shall prevent information about generators or suppliers activities which may be commercially advantageous from being disclosed in a discriminatory manner to the supervisory board/board of directors. 23. The compliance officer shall have access to all relevant books, records and offices of the transmission system operator and to all the necessary information for the fulfilment of the assigned tasks. 24. The compliance officer shall be nominated and removed by the chief executive officer / executive board only after the prior approval by the national regulatory authority. 25. Following revocation of the mandate of the compliance officer, the compliance officer should be barred from having business relations with the vertical integrated undertaking for a period of not less than five years. V. Grid development and powers to make investment decisions 26. Transmission system operators shall draw up a 10-year network development plan at least every two years. They shall take efficient measures in order to guarantee system adequacy and security of supply. 27. The 10-year network development plan shall, in particular: a) indicate to market participants the main transmission infrastructures that ought to be built over the next ten years, b) contain all the investments already decided and identify new investments for which an implementation decision has to be taken in the next three years. 28. In order to elaborate this 10-year network development plan, each transmission system operator shall make reasonable hypothesis about the evolution of generation, consumption and exchanges with other countries, and shall take into account regional and European- wide existing network investment plans. Transmission system operator shall submit in due time the draft of this plan to the national regulatory authority. 29. The national regulatory authority shall consult the draft plan with all relevant network users in an open and transparent manner and may publish the result of such consultation, in particular possible needs for investments. 30. The national regulatory authority shall examine whether the draft 10-year network development plan covers all investment needs identified in the consultation. The national regulatory authority may oblige the transmission system operator to amend his plan. 31. If the transmission system operator rejects to implement a specific investment listed in the 10-year network development plan in the next three years, Member States shall ensure that the national regulatory authority has the power to take one of the following measures: (a) to request, by all legal means, the transmission system operator to execute its investment obligations by using its financial capacities, or, (b) to invite independent investors to tender for the necessary investment in the transmission system and may, at the same time, oblige the transmission system operator: – to agree to financing by any third party, – to agree to building by any third party or to build the respective new assets, – to operate the respective new asset and –to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital increase. The relevant financial arrangements shall be subject to the approval of the national regulatory authority. In both cases, tariff regulation shall allow for revenues that cover the costs of such investments. 32. The national regulatory authority shall monitor and evaluate the implementation of the investment plan. VI. Decision making powers regarding the access of third parties to the transmission grid 33. Transmission system operators shall be required to establish and publish transparent and efficient procedures for non-discriminatory access of third parties to the network. Those procedures shall be subject to the approval of national regulatory authorities. 34. Transmission system operators shall not be entitled to refuse third parties access to the network on the grounds of possible future limitations to available network capacities, e.g. congestion in distant parts of the transmission network. The transmission system operator shall supply the necessary information. 35. Transmission system operators shall not be entitled to refuse a new access to the network on the sole ground that it would lead to additional costs linked with necessary capacity increase of grid elements in the close-up range to the connection point. VII. Regional cooperation 36. Member States which decide to cooperate on a regional level, shall place precise obligations on transmission system operators within a clearly defined time frame and progressively leading to the creation of a common regional dispatching centre responsible for security issues within six years of entry into force of Directive .../.../EC [amending Directive 2003/55/EC concerning common rules for the internal market in natural gas]. 37. If the cooperation between several Member States at a regional level encounters difficulties, following the joint request of these Member States the Commission may designate a regional coordinator. 38. The regional coordinator shall promote at a regional level the cooperation of regulatory authorities and any other competent public authorities, network operators, power exchanges, grid users and market parties. In particular, the regional coordinator shall: (a) promote new efficient investments in interconnections. To this end, the regional coordinator shall assist transmission system operators in preparation of their regional interconnection plan and shall contribute to the coordination of their investments decisions and, where appropriate, of their open season procedure, (b) promote the efficient and safe use of the networks. To this end, the regional coordinator shall contribute to the coordination between transmission system operators, national regulatory authorities and other competent national public authorities while elaborating common allocation and common safeguard mechanisms, (c) submit an annual report to the Commission and Member States concerned on the progress achieved in the region and on any difficulty or obstacle that may hinder such progress. VIII. Sanctions 39. In order to carry out the tasks assigned to it by this Article, the national regulatory authority: (i) shall be empowered to request any information from the transmission system operator and to directly contact all staff of the transmission system operator; if doubts remain, the national regulatory authority shall have the same power towards the vertically integrated undertaking and its subsidiaries; (ii) may conduct all necessary inspections of the transmission system operator and, if doubts remain, of the vertically integrated undertaking and its subsidiaries; Article 20 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty1 shall apply. 40. In order to carry out its tasks assigned to it by this Article, the national regulatory authority shall have the power to impose effective, appropriate and dissuasive sanctions to the transmission system operator and/or to the vertically integrated undertaking not complying with their obligations under this Article or any decisions of the national regulatory authority. This power shall include the right to: (i) impose effective, appropriate and dissuasive fines related to the turnover of the network company; (ii) issue orders to remedy a discriminatory behaviour; (iii) withdraw, partly or in full, the licence of the transmission system operator in case it repeatedly breaches the unbundling provisions set out in this Article." 1 OJ L 1, 4.1.2003, p. 1.
2008/04/10
Committee: ITRE
Amendment 556 #

2007/0196(COD)

Bernhard RAPKAY, Hannes SWOBODA, Norbert GLANTE, Robert GOEBBELS, Atanas PAPARIZOV, Anni PODIMATA, Catherine TRAUTMANN
Proposal for a directive – amending act
Article 2 – paragraph 2 a (new)
2a. The Commission shall report to the European Parliament and the Council annually on the formal and practical implementation of this Directive in each Member State.
2008/03/31
Committee: ITRE
Amendment 558 #

2007/0196(COD)

Bernhard RAPKAY, Hannes SWOBODA, Norbert GLANTE, Robert GOEBBELS, Atanas PAPARIZOV, Anni PODIMATA
Proposal for a directive – amending act
Article 2 – paragraph 2 b (new)
2b. Six years after the entry into force of this Directive, the Commission shall, on the basis of public consultations, in the light of discussions with the competent authorities and after having received an opinion by the Agency for the Cooperation of Energy Regulators, report to the European Parliament and the Council on the desirability of maintaining or amending this Directive. The several versions of restructuring gas companies laid down in Articles 7a to 7d and Articles 9 and 9b of Directive 2003/55/EC shall be verified, in particular, in terms of the effectiveness of their impact on network access and the necessary investments.
2008/03/31
Committee: ITRE
Amendment 113 #

2007/0195(COD)

Norbert GLANTE, Robert GOEBBELS, Edit HERCZOG, Atanas PAPARIZOV, Anni PODIMATA, Bernhard RAPKAY, Hannes SWOBODA, Catherine TRAUTMANN
Proposal for a directive – amending act
Recital 10 a (new)
(10a) Complying with the regulations on an effective and efficient legal unbundling and provided that the network undertaking performs all the functions of the network operator and a detailed regulation and extensive regulatory control mechanism are put in place, vertical integrated undertakings may remain the owner of their network assets and ensure an effective separation of interests at the same time.
2008/03/17
Committee: ITRE
Amendment 122 #

2007/0195(COD)

Norbert GLANTE, Robert GOEBBELS, Edit HERCZOG, Atanas PAPARIZOV, Anni PODIMATA, Bernhard RAPKAY, Hannes SWOBODA, Catherine TRAUTMANN
Proposal for a directive – amending act
Recital 11
(11) Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should therefore be given a choice between ownership unbundling and, as a derogation, setting up system operators which are independent from supply and generation interests and effective and efficient legal unbundling of transmission system operators. The full effectiveness of the independent system operator solution needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated companies, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and generation business, provided that the requirements resulting from ownership unbundling are complied with.
2008/03/17
Committee: ITRE
Amendment 226 #

2007/0195(COD)

Norbert GLANTE, Robert GOEBBELS, Edit HERCZOG, Atanas PAPARIZOV, Anni PODIMATA, Bernhard RAPKAY, Hannes SWOBODA, Catherine TRAUTMANN
Proposal for a directive – amending act
Article 1 – point 4
Directive 2003/54/EC
Article 8 – paragraph 1 – introductory part
1. In order to ensure the independence of transmission system operators, Member States shall ensure that as from [date of transposition plus one year] vertically integrated undertakings have to comply either with the following points (a) to (d) or with Article 10 or with the provisions of Article 10b:
2008/04/11
Committee: ITRE
Amendment 303 #

2007/0195(COD)

Norbert GLANTE, Robert GOEBBELS, Edit HERCZOG, Atanas PAPARIZOV, Anni PODIMATA, Bernhard RAPKAY, Hannes SWOBODA, Catherine TRAUTMANN
Proposal for a directive – amending act
Article 1 – point 8 a (new)
Directive 2003/54/EC
Article 10 b (new)
(8a) The following Article shall be inserted: "Article 10b Effective and efficient legal unbundling of transmission systems I. Assets, equipment, staff and identity 1. Transmission system operators shall be equipped with all human, physical and financial resources of the vertically integrated undertaking necessary for the regular business of electricity transmission, in particular: (i) transmission system operator shall own assets that are necessary for the regular business of electricity transmission; (ii) transmission system operator shall employ personnel necessary for the regular business of electricity transmission; (iii) appropriate financial resources for future investment projects shall be available in the annual financial plan. The activities deemed necessary for the regular business of electricity transmission mentioned in previous subparagraph shall at least include: - representation of the transmission system operator and contacts with third parties and national regulatory authorities, - granting and managing third party access to the grid, especially the access for new market operators and producers of renewable energies, - collection of the access charges, congestion rents and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No 1228/2003, - operation, maintenance and development of the transmission system, - investment planning ensuring the long- term ability of the system to meet reasonable demand and guaranteeing security of supply, - legal services, - accountancy and IT services. 2. Leasing of personnel and rendering of services, from and to any branch of the vertically integrated undertaking performing functions of generation or supply, shall be prohibited. 3. The transmission system operator shall not engage in any business or activity outside transmission which could be in conflict with its tasks, including the holding of shares or interests in any undertaking or part of the vertically integrated company or in any other electricity and gas company. Exceptions require the prior consent of the national regulatory authority and shall be restricted to shares and interests in other network businesses. 4. The transmission system operator shall have its own legal identity, significantly different from the vertically integrated undertaking with separate branding, communication and premises. 5. The transmission system operator shall not share any commercially advantageous and sensitive information with any undertaking of the vertically integrated undertaking unless it does so with all market participants in a non- discriminatory way. The transmission system operator shall in cooperation with the national regulatory authority define this information. 6. Transmission system operators´ accounts shall be audited by another auditor than the one auditing the vertically integrated undertaking and all its affiliated companies. II. Independence of the transmission system operator management, chief executive officer / executive board 7. Decisions on the appointment and on any early termination of the employment of the chief executive officer / members of the executive board of the transmission system operator and the conclusion or early termination of the respective employment agreements with these persons shall be notified to the national regulatory authority. These decisions and agreements may become binding only if, within a period of 3 weeks after notification, the national regulatory authority has not used its right of veto. A veto may be issued in cases of appointment and conclusion of respective agreements if serious doubts arise as to the professional independence of the nominated chief executive officer / member of the executive board; in the case of early termination of employment and of respective agreements of the chief executive officer / member of the executive board, the veto may be used if serious doubts exist regarding the basis and justification of such termination. 8. Right of appeal to the national regulatory authority or to a court shall be guaranteed to the chief executive officer / member of the executive board of the transmission system operator in the case of early terminations of their employment. 9. The national regulatory authority shall decide on the appeal within six months. Exceptions shall be justified. 10. After termination of employment in the transmission system operator, former chief executive officers / members of the executive board shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply for a period of not less than 3 years. 11. The chief executive officer / members of the executive board shall not hold any interest in or receive any compensation from any undertaking of the vertically integrated company other than the transmission system operator. His/their remuneration shall in no part depend on activities of the vertically integrated undertaking other than those of the transmission system operator. 12. The chief executive officer or the members of the executive board of the transmission system operator may not bear responsibility, directly or indirectly, for the day-to-day operation of any other branch of the vertically integrated undertaking. 13. Without prejudice to the provisions above, the transmission system operator shall have all effective decision-making rights, independent from the integrated electricity undertaking, with respect to assets necessary to operate, maintain or develop the network. This should not prevent the existence of appropriate coordination mechanisms to ensure that the parent company is able to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of transmission lines, that do not exceed the terms of the approved financial plan, or any equivalent instrument. III. Supervisory board / Board of directors 14. The chairman of the supervisory board/board of directors of the transmission system operator and all of its members shall not participate in any branch of the vertically integrated undertaking. They shall also not be members of the supervisory board/board of directors of any undertaking of the vertically integrated company. 15. The supervisory boards / boards of directors of transmission system operators shall include also independent members, appointed for a term of at least 5 years. Their appointment shall be notified to the regulatory authority and become binding under the conditions described in paragraph 6. 16. For the purpose of paragraph 15, a member of the supervisory board / board of directors of a transmission system operator shall be deemed independent if he is free of any business, or other relationship with the vertically integrated undertaking, its controlling shareholders or the management of either, that creates a conflict of interest, in particular: (a) has not been an employee of any branch of the vertically integrated undertaking performing functions of generation and supply in five years prior to their appointment as supervisory board / board of directors member; (b) does not hold any interest in and does not receive any compensation from the vertically integrated undertaking or any of its affiliates except the transmission system operator; (c) does not hold any relevant business relationship with any branch of the vertically integrated company performing functions of energy supply during his/her appointment as supervisory board / board of directors member; (d) is not a member of the executive board of a company in which the vertically integrated undertaking appoints members of the supervisory board /board of directors. IV. Compliance officer 17. Member States shall ensure that transmission system operators establish and implement a compliance programme which sets out measures to be taken to ensure that discriminatory conduct is excluded. The programme shall also set out the specific obligations of employees of the transmission system operator to meet this objective. It shall be subject to approval of the national regulatory authority. Compliance of the program shall be independently monitored by the compliance officer. The national regulatory authority shall have the power to impose sanctions in case of inappropriate implementation of the compliance program by the transmission system operator. 18. The chief executive officer/ executive board of the transmission system operator shall appoint a person or a body in a function of a compliance officer who shall be responsible for: (i) monitoring the implementation of the compliance programme; (ii) elaborating an detailed annual report, setting out the measures taken in order to implement the compliance programme and submitting it to the national regulatory authority; definition of measures for the implementation of the compliance program and presentation of the report to the regulatory authority; (iii) issuing recommendations on the compliance programme and its implementation. 19. The independence of the compliance officer shall be guaranteed in particular by the terms of his/her employment contract. 20. The compliance officer shall have the opportunity to regularly address the supervisory board/board of directors of the transmission system operator and of the vertically integrated undertaking and the national regulatory authorities. 21. The compliance officer shall participate at all meetings of the supervisory board / board of directors of the transmission system operator that address the following issues: (i) conditions for access and connection to the grid, including the collection of access charges, congestion rents, and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No 1228/2003; (ii) projects undertaken in order to operate, maintain and develop the transmission grid system, including interconnection and connection investments; (iii) balancing rules, including reserve power rules; (iv) energy purchases in order to cover energy losses. 22. During these meetings, the compliance officer shall prevent information about generation or supply activities which may be commercially advantageous from being disclosed in a discriminatory manner to the supervisory board/board of directors. 23. The compliance officer shall have access to all relevant books, records and offices of the transmission system operator and to all the necessary information for the fulfilment of his/her tasks. 24. The compliance officer shall be nominated and removed by the chief executive officer / executive board only after prior approval by the national regulatory authority. 25. Following revocation of his/her mandate, the compliance officer should be barred from having business relations with the vertical integrated undertaking for a period of not less than five years. V. Grid development and powers to make investment decisions 26. Transmission system operators shall elaborate a 10-year network development plan at least every two years. They shall provide efficient measures in order to guarantee system adequacy and security of supply. 27. The 10-year network development plan shall in particular: (a) indicate to market participants the main transmission infrastructures that ought to be built over the next ten years, (b) contain all the investments already decided and identify new investments for which an implementation decision has to be taken in the next three years. 28. In order to draw up this 10-year network development plan, each transmission system operator shall make reasonable hypothesis about the evolution of generation, consumption and exchanges with other countries, and take into account regional and European-wide existing network investment plans. Transmission system operator shall submit in due time the draft of this plan to the national regulatory authority. 29. The national regulatory authority shall consult all relevant network users on the basis of a draft for the 10-year network development plan in an open and transparent manner and may publish the result of the consultation process, in particular possible needs for investments. 30. The regulatory authority shall examine whether the draft 10-year network development plan covers all investment needs identified in the consultation. This authority may oblige the transmission system operator to amend its draft. 31. If the transmission system operator rejects to implement a specific investment listed in the 10-year network development plan to be executed in the next three years, Members States shall ensure that the national regulatory authority has the competence to take one of the following measures: (a) request by all legal means the transmission system operator to execute its investment obligations using its financial capacities, or (b) invite independent investors to participate in a tender for a necessary investment in a transmission system and at the same time may oblige the transmission system operator: - to agree to financing by any third party, - to agree to building by any third party or to build the respective new assets, - to operate the respective new asset and - to oblige transmission system operator to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital. The relevant financial arrangements shall be subject to the approval of the national regulatory authority. In both cases, tariff regulation shall allow for revenues that cover the costs of such investments. 32. The national regulatory authority shall monitor and evaluate the implementation of the investment plan. VI. Decision-making powers regarding the connection of new power plants to the transmission grid 33. Transmission system operators shall be obliged to establish and publish transparent and efficient procedures for non-discriminatory connection of new power plants to the grid. Those procedures shall be subject to the approval of national regulatory authorities. 34. Transmission system operators shall not be entitled to refuse the connection of a new power plant on the grounds of possible future limitations to available network capacities, e.g. congestion in distant parts of the transmission grid. The transmission system operators shall be obliged to supply necessary information. 35. Transmission system operators shall not be entitled to refuse a new connection point on the sole ground that it will lead to additional costs linked with necessary capacity increase of grid elements in the close-up range to the connection point. VII. Regional cooperation 36. Member States choosing this path must place precise obligations on transmission system operators within a clearly defined time frame and progressively leading to the creation of a common regional dispatching centre responsible for security issues within six years after the entry into force of this Directive. 37. In case of a cooperation between several Member States at a regional level and following the joint request of these Member States, the Commission may designate a regional coordinator. 38. The regional coordinator shall promote, at a regional level, the cooperation of regulatory authorities and any other competent public authorities, network operators, power exchanges, grid users and market parties. In particular, the regional coordinator shall: (a) promote new efficient investments in interconnections. To this end, the regional coordinator shall assist transmission system operators by elaborating their regional interconnection plan and shall contribute to the coordination of their investments decisions and, where appropriate, of their open season procedure; (b) promote the efficient and safe use of the networks. To this end, the regional coordinator shall contribute to the coordination between transmission system operators, national regulatory authorities and other competent national public authorities with the elaboration of common allocation and common safeguard mechanisms; (c) annually submit a report to the Commission and Member States concerned on the progress achieved in the region and on any difficulty or obstacle that may hinder the progress. VIII. Sanctions 39. In order to carry out the duties assigned to it by this Article, the national regulatory authority: (i) shall have the right to request any information from the transmission system operator and to directly contact all staff of the transmission system operators; if doubts remain, the same rights shall apply for the vertically integrated undertaking and its subsidiaries; (ii) may conduct all necessary inspections of the transmission system operators and, if doubts remain, of the vertically integrated undertaking and its subsidiaries; the rules of Article 20 of Council Regulation (EC) No 1/2003 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty shall apply. 40. In order to carry out its duties assigned to it by this Article, the national regulatory authority shall have the power to impose effective, appropriate and dissuasive sanctions to the transmission system operator and/or the vertically integrated undertaking not complying with its obligations under this Article or any decisions of the national regulatory authority. This power shall include the right to: (i) impose effective, appropriate and dissuasive fines related to the turnover of the network company; (ii) issue orders to remedy a discriminatory behaviour; (iii) withdraw, at least partly, the licence of the transmission system operator in case of repeated breach of the unbundling provisions set out in this Article."
2008/04/11
Committee: ITRE
Amendment 574 #

2007/0195(COD)

Norbert GLANTE, Robert GOEBBELS, Edit HERCZOG, Atanas PAPARIZOV, Anni PODIMATA, Bernhard RAPKAY, Hannes SWOBODA, Catherine TRAUTMANN
Proposal for a directive – amending act
Article 2 – paragraph 2 a (new)
2a. The Commission shall report to the European Parliament and the Council annually on the formal and practical implementation of this Directive in each Member State."
2008/03/19
Committee: ITRE
Amendment 575 #

2007/0195(COD)

Norbert GLANTE, Robert GOEBBELS, Edit HERCZOG, Atanas PAPARIZOV, Anni PODIMATA, Bernhard RAPKAY, Hannes SWOBODA, Catherine TRAUTMANN
Proposal for a directive – amending act
Article 2 – paragraph 2 b (new)
2b. On the basis of public consultations and of discussions with the competent authorities and after having received an opinion by the Agency for the Cooperation of Energy Regulators, and six years following the entry into force of this Directive, the Commission shall report to the European Parliament and the Council on the desirability of maintaining or amending this Directive. The several versions of restructuring electricity companies laid down in Articles 8a to 8d, 10 and 10b of Directive 2003/54/EC shall be verified in particular in terms of the effectiveness of their impact on network access and the necessary investments.
2008/03/19
Committee: ITRE
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